What happens to late-filed papers in inter partes reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Late-filed papers in inter partes reexamination are generally retained in the file but not considered. According to MPEP 2667:

“Where patent owner has filed a paper which was filed after the period for response set by the Office, the paper will be retained in the file but will not be considered.”

Similarly, for third party requesters:

“Any third party requester submission following a patent owner’s submission, where the third party requester submission is filed subsequent to the permitted time from the date of service of the patent owner’s submission, will be retained in the file, but will not be considered.”

It’s important to note that the critical date is the date of service on the opposing party, not the date the Office receives the submission. This approach ensures a complete record while maintaining the timeliness of the reexamination process.